Arkansas Reports; Cases Determined in the Supreme Court of Arkansas Volume 1-3

Arkansas Reports; Cases Determined in the Supreme Court of Arkansas Volume 1-3

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1888 edition. Excerpt: ...the Circuit Court of Pulaski county in this case, for which they ought to be reversed, but that the same ought to be, and hereby are, in all things afiirmed with costs. TAYLOR AND OTHERS 174 v. "rm: AUDITOR. 'Ihe act of 1836, authorizing the Auditor of Public Accounts "to sue for any demand which the people of the State may have a right to claim," etc., was in force on the 7th of September, 1838, and authorized him to sue, as Auditor, on a Sheriff's bond, given to the Governor and his successors in office. But his right, so to sue, depends upon the interest which the State or people, have in the debt, or thing demanded, and their right to claim the same; and, therefore, the people's interest in, or right to claim the demand, must appear by some appropriate averment in the pleadings, to enable him to maintain the action. Where, therefore, suit is brought by the Auditor, for the use of the State, and he declares for the penalty of a Sherifl"s bond, given to the Governor and his successors in oflice, a copy of which bond, with the condition, is given and accepted as oyer and the only material averments in the decimation, tending to show his right to sue, are, that he is Auditor; that he sues as Auditor for the use of the State and that by virtue of the statute an action has accrued to him as Auditor to sue for the penalty of the bond, for the use of the State; the declaration shows no legal right in the people of the State to claim the debt demanded. The right of the-state to sue in such case, not appearing in the declaration, it is bad on demurrer, in arrest of judgment, or on error; and a demurrer to itshould, for this cause. have been sustained. although it was not specially stated as ground of demurrer....show more

Product details

  • Paperback | 436 pages
  • 189 x 246 x 23mm | 776g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236784324
  • 9781236784322